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(Adapted from the General Counsel Notebook section on confidentiality provisions.)
See also (list is generated automatically):
- Confidentiality obligation time limits (‘sunsets’) [include-page id=”2629″] (Adapted from the General Counsel Notebook section on confidentiality provisions.)...
- Disclosure periods in NDAs – how long? In standalone nondisclosure agreements (NDAs), one year seems to be a fairly typical time for the parties to exchange confidential information — although shorter or longer...
- PRECUT NDA: A free, balanced, multi-purpose, nondisclosure agreement (replaced by Tango NDA Protocol) UPDATE 2020-10-30: The original Precut NDA is slightly outdated because of intervening changes in U.S. law (Congress’s enactment of the Defend Trade Secrets Act). I’ve...
- Updates this week • In the Insurance coverage basics section of the General counsel notebook, I added a link to a useful blog posting by Jeff Gordon, written...
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Signing a business contract:
Interesting. I usually don’t want to have to bother with renewing NDAs. So if it’s with a long-standing opponent, I’ll make it perpetual (or just be silent on the term). If it’s with someone new, and I really don’t know them, I’ll but a 3-5 year term on it, but limit the scope of what’s covered.
More important to me, though, is how long the information disclosed is going to STAY confidential. That’ll be a post for another day. :)
Thanks for the comment, Jeff. I tweaked the main text to indicate that a one-year disclosure period is typical for pre-sale NDAs where the vendor will be obtaining customer confidential information. If the sale doesn’t go through, the vendor doesn’t want to be on the hook for subsequently-disclosed information; on the other hand, if the sale does go through, the final agreement (e.g., an enterprise software license agreement) will usually contain a confidentiality section of its own to supersede the NDA.